[20200423]IF11517_ESEA和CARES法案下的秘书豁免权限.pdf

https:/crsreports.congress.gov April 23, 2020Secretarial Waiver Authority Under the ESEA and CARES ActOn March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) was signed into law. The law includes new waiver authority for the Secretary of Education (the Secretary), in addition to the waiver authority the Secretary already has under the Elementary and Secondary Education Act (ESEA). Among other things, the new waiver authority permits the Secretary to waive educational accountability requirements using a streamlined process. After a brief discussion of the Secretarys waiver authority under the ESEA, this In Focus discusses the waiver authority provided to the Secretary in the CARES Act. ESEA Waiver Authority Under Section 8401 of the ESEA, the Secretary is authorized to waive most statutory and regulatory requirements associated with any program authorized by the ESEA, provided that certain requirements are met, if specifically requested by a state educational agency (SEA) or Indian tribe. Local educational agencies (LEAs) may submit waiver requests through their SEA. The SEA may then submit the request to the Secretary if it approves the wai